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Debt Collection

Demand Letter

California

Asked on Sep 18, 2023

Demand letter and statute of limitations?

I recently received a demand letter from a creditor regarding an unpaid debt. The letter states that I must pay the full amount within 30 days or they will take legal action. I am concerned that the debt may be outside the statute of limitations, and I wanted to know what legal recourse I have in this situation.

Answers from 1 Lawyer

Answer

Debt Collection

California

Answered 1047 days ago

Myrna L.

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Licensed in California
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August 1, 2023

If you are certain that the debt is time barred, debtor may not sue you. In California, there is generally a 4-year limit for filing a lawsuit based on a written agreement. Just make sure you don’t inadvertently restart the statute of limitations, i.e. acknowledge the debt.

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Unfortunately, often, one can cite all the laws one wants, but the person who owes the debt may simply be unwilling or unable to pay. If the debt is for less than $10,000, consider filing in Small Claims Court in your county. Here is the statewide information: https://www.courts.wa.gov/newsinfo/resources/?altMenu=smal&fa=newsinfo_jury.scc In addition, many counties, such as King, have their own websites and lots of information. When you file in Small Claims Court, be sure to include copies of all relevent paperwork, including any letters you sent to the defendent. And request reimbursement for the debt, interest, the cost of filing the Small Claims case, and any related costs/expenses. Even if you win, however, you may not get paid - but if you win, you will have some other ways to collect, such as garnishing wages or a bank account. I'd be happy to help coach you through the Small Claims process if you'd like to request my help through ContractsCounsel.com

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